National Mineral Policy 2006 - Department of Mines
National Mineral Policy 2006 - Department of Mines National Mineral Policy 2006 - Department of Mines
Figure 3.1: Procedure for Processing of Application for Mining in Forest Land1 2 3 4 5 6Project Proponent1. Survey of projectarea foridentification offorest land andGovernment landrecorded as JungleJhari2. Filling of formatDFO1. Identification ofdegraded forestland2. Scrutiny of theapplication3. Enumeration oftrees4. Cost–BenefitanalysisCFCCFPCCFNodal Officer11 10 9 8 7Regional Officer(RCCF)1. For inspection2. Identification ofany violations12MOEF, New Delhi1. Scrutiny ofapplication2. Calling of meetingof Forest AdvisoryCommitteeIf FCA recommendedthe clearanceStateSecy. (F)StateMinister(E&F)StateSecy. (F)13 14 15 16 17 18 19MOEF, New DelhiIssue of clearance onPrincipal (Stage-I clearance)StateSecy. (F)NodalOfficerPCCFCCFCFDFO1. Preparation ofthe AfforestationPlan2. Raisingdemand forafforestation27 26 25 24 23 22 21 20MOEF, NewDelhiIssue of finalclearance28 29 30 31 32 33 34StateSecy. (F)StateSecy. (F)Nodal OfficerNodalOfficerPCCFPCCFCCFCFCCFCFDFO1. Felling of trees2. Handing over thepossessionDFOProjectProponentSubmissionofafforestationchargeProjectProponentNote:In case of a query raised by any officer, the proposal moves backwards in the chain all the way to theproject proponent, leading to further delays.3.30 Minerals are the property of the states, as are the forests too. Proposals for miningconcessions for Schedule I minerals (MMDR Act) have to receive prior approval from the84
Central Government in the Ministry of Mines. However, in the case of forestry, all proposalsrequire clearance from the MOEF (upto 40 hectares from the Regional Chief Conservators ofForest of MOEF stationed at Bangalore, Bhubaneswar, Bhopal, Shillong, Lucknow,Chandigarh, and Ranchi, and above 40 hectares directly from the MOEF at New Delhi). It is,therefore, suggested that, in pursuance of the single window clearance recommended inChapter 2, the Coordination-cum-Empowered Committee of the state governments in the caseof non-Schedule I minerals and the Coordination-cum-Empowered Committee at the Centrein the case of Schedule I minerals should be the final authority to grant or recommendclearance under the FCA. The Committees should have a representative from the MOEF asmember, who should be responsible for conveying the views of the MOEF to the EmpoweredCommittees. These views will be binding on these Committees. Once the clearance for anarea is communicated to the Coordination-cum-Empowered Committees by therepresentative of MOEF, the Coordination-cum-Empowered Committees can take a view onthe application. In this way, the State Mines Department can grant leases or renewals inmineral bearing areas in forest lands, and such leases or renewals will include the clearanceunder FCA. This procedure will cut down delays drastically by incorporating the MOEF’sFCA clearance within the single window system without in any way impinging on the rightof MOEF to be the final arbiter. The MOEF may continue to get FCA clearances internallyand only the final view may be brought to the Coordination-cum-Empowered Committee.The High Level Committee would recommend that the regional offices of MOEF convey theviews of MOEF to the Coordination-cum-Empowered Committees in the states as proposedabove so that the State Coordination-cum-Empowered Committees can take decisionsexpeditiously. An important difference between this and the current dispensation will be thatunlike at present, the processing of an application for obtaining clearance under the FCA canstart simultaneously with the processing of the lease application, and the application underFCA does not have to wait till the ML is granted.3.31 Currently forest clearances are accorded in two stages. In the first stage, ‘in principle’approval is accorded, which usually covers conditions relating to transfer, mutation,declaration as reserved/protected forest (RF/PF), and provision of equivalent non-forest landfor compensatory afforestation. After the receipt of the compliance report from the stategovernment in respect of these conditions, the second stage (formal) clearance is granted byMOEF. The Committee would suggest that once ‘in principle’ approval is obtained from theMOEF it should not be necessary to go to the MOEF again and the State Mines Department85
- Page 44 and 45: Duration of Concessions1.48 In the
- Page 46 and 47: 10,000 sq. km in a state. This has
- Page 48 and 49: (ii)(iii)(iv)The maximum total area
- Page 50 and 51: e obviated if the lease deed is exh
- Page 52 and 53: elinquishment of areas by the lesse
- Page 54 and 55: to give priority to the prior appli
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- Page 72 and 73: Further, Rule 7D of the MCR specifi
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- Page 76 and 77: Chapter 3Forest Conservation and En
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- Page 80 and 81: ICMM AND SDF3.8 The ICMM membership
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- Page 102 and 103: Figure 3.3: Public Hearing/NOC from
- Page 104 and 105: Chapter 4Infrastructure Needs and F
- Page 106 and 107: 4.5 Logistics is the key to access
- Page 108 and 109: Table 4.1: Mineral Production in In
- Page 110 and 111: necessary, therefore, that in infra
- Page 112 and 113: to the ports of Haldia and Paradip
- Page 114 and 115: Connectivity of Major Ports, brough
- Page 116 and 117: (iv)(v)(vi)(vii)At Visakhapatnam Po
- Page 118 and 119: was of the opinion that while the m
- Page 120 and 121: such an arrangement, the Ministry o
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- Page 130 and 131: Chapter 6Augmenting State Revenues(
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- Page 138 and 139: Box 6.1: Methods of Valuation of Ro
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Figure 3.1: Procedure for Processing <strong>of</strong> Application for Mining in Forest Land1 2 3 4 5 6Project Proponent1. Survey <strong>of</strong> projectarea foridentification <strong>of</strong>forest land andGovernment landrecorded as JungleJhari2. Filling <strong>of</strong> formatDFO1. Identification <strong>of</strong>degraded forestland2. Scrutiny <strong>of</strong> theapplication3. Enumeration <strong>of</strong>trees4. Cost–BenefitanalysisCFCCFPCCFNodal Officer11 10 9 8 7Regional Officer(RCCF)1. For inspection2. Identification <strong>of</strong>any violations12MOEF, New Delhi1. Scrutiny <strong>of</strong>application2. Calling <strong>of</strong> meeting<strong>of</strong> Forest AdvisoryCommitteeIf FCA recommendedthe clearanceStateSecy. (F)StateMinister(E&F)StateSecy. (F)13 14 15 16 17 18 19MOEF, New DelhiIssue <strong>of</strong> clearance onPrincipal (Stage-I clearance)StateSecy. (F)NodalOfficerPCCFCCFCFDFO1. Preparation <strong>of</strong>the AfforestationPlan2. Raisingdemand forafforestation27 26 25 24 23 22 21 20MOEF, NewDelhiIssue <strong>of</strong> finalclearance28 29 30 31 32 33 34StateSecy. (F)StateSecy. (F)Nodal OfficerNodalOfficerPCCFPCCFCCFCFCCFCFDFO1. Felling <strong>of</strong> trees2. Handing over thepossessionDFOProjectProponentSubmission<strong>of</strong>afforestationchargeProjectProponentNote:In case <strong>of</strong> a query raised by any <strong>of</strong>ficer, the proposal moves backwards in the chain all the way to theproject proponent, leading to further delays.3.30 <strong>Mineral</strong>s are the property <strong>of</strong> the states, as are the forests too. Proposals for miningconcessions for Schedule I minerals (MMDR Act) have to receive prior approval from the84
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